Public Prosecutor v Amayapan Kodanpany: Sexual Abuse of a Young Person under the Children and Young Persons Act
In Public Prosecutor v Amayapan Kodanpany, the High Court of Singapore, presided over by Justice Kan Ting Chiu, convicted Amayapan Kodanpany on three charges of ill-treating a young person under the Children and Young Persons Act. The charges stemmed from incidents of sexual abuse against a 14-year-old victim. Kodanpany initially faced charges under the Penal Code, but these were amended. He pleaded guilty to the amended charges, and the court sentenced him to imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty plea accepted; convicted on three charges; sentenced to imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Amayapan Kodanpany was convicted of sexual abuse against a 14-year-old under the Children and Young Persons Act, sentenced to imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Agnes Chan of Deputy Public Prosecutors Diane Tan Yi-Lui of Deputy Public Prosecutors Khoo Kim Leng David of Deputy Public Prosecutors |
| Amayapan Kodanpany | Accused | Individual | Guilty Plea Accepted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Agnes Chan | Deputy Public Prosecutors |
| Diane Tan Yi-Lui | Deputy Public Prosecutors |
| Khoo Kim Leng David | Deputy Public Prosecutors |
| Pratap Kishan | Kishan & V Suria Partnership |
4. Facts
- The accused offered shelter to the 14-year-old victim who was sleeping at a playground.
- The accused gave the victim beer and sedatives.
- The accused committed acts of anal intercourse and oral sex on the victim.
- The victim has a low IQ and was vulnerable.
- The accused has a criminal record, including offences against property, causing hurt, and drug possession.
5. Formal Citations
- Public Prosecutor v Amayapan Kodanpany, Criminal Case No 33 of 2009, [2010] SGHC 52
6. Timeline
| Date | Event |
|---|---|
| Accused committed acts of sexual abuse against the victim. | |
| Victim called the police to report the incident. | |
| Criminal Case No 33 of 2009 was filed. | |
| Judgment was delivered. |
7. Legal Issues
- Ill-treatment of a young person
- Outcome: The court found the accused guilty of ill-treating a young person by subjecting him to sexual abuse.
- Category: Substantive
- Sentencing Considerations
- Outcome: The court considered aggravating and mitigating factors in determining the appropriate sentence.
- Category: Procedural
8. Remedies Sought
- Criminal prosecution and punishment
9. Cause of Actions
- Violation of Section 5(1) read with Section 5(2)(a) of the Children and Young Persons Act
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited regarding the relevance of previous convictions for dissimilar offences in sentencing. |
| Lim Hock Hin Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 37 | Singapore | Cited for sentencing tariffs for offences under the old ss 377 and 377A of the Penal Code. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 377 | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(5)(b) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(1) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(2)(a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual abuse
- Young person
- Ill-treatment
- Anal intercourse
- Fellatio
- Statement of Facts
- Mitigation plea
- Aggravating factors
- Mental retardation
15.2 Keywords
- sexual abuse
- child
- young person
- ill-treatment
- penal code
- children and young persons act
- singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Child Abuse and Neglect | 95 |
| Sex Crimes | 95 |
| Criminal Law | 90 |
| Sentencing Guidelines | 70 |
| Criminal Procedure | 60 |
16. Subjects
- Criminal Law
- Child Protection
- Sexual Offences